How much notice do I have to give to evict a tenant?

SUMMARY:

There are situations that come up when you need to evict a tenant. If you need to, how much notice do you need to give beforehand? Watch the video to find out the details.

How Much Notice do I have to Give to Evict a Tenant?

There is more than one answer here:

Periodic Tenancy

If on a periodic tenancy you have to give a tenant at least 90 days written notice unless:

1)      You have sold the property

2)      You or a member of the family need to live in the property

3)      One of your employees needs to live in the property

In this case only 42 days written notice needs to be given.

Fixed Term Tenancy

This one is interesting as although it seems obvious – The tenancy can only be asked to leave on the date of the tenancy coming to end but this is not actually the case.

You have to give the tenant at least three weeks written notice (21 days) before the end of the fixed term tenancy that it will be ending otherwise on the date of the fixed term tenancy ending it automatically turns into a periodic tenancy and the above rules apply.

TRANSCRIPTION:

Good day, Andrew Murray here from the Apartment Specialists. How much notice do I have to give to evict my tenant? Now, there's more than one answer here.

First of all if you've got a periodic tenancy, it has to be 90 days unless a. you sell the unit; b. one of your family members wants to move into the unit; or c. one of your employees wants to use the unit and in that case, you can give them 42 days notice.

So 90 days normally, otherwise 42 days notice if you sell it, family member or your employee wants to use it. The other category is your fixed termed tenancy.

Now this seems obvious. You can't evict a tenant until the day of the end of the fixed term tenancy. Well that's actually not the case.

You have to give the tenant three weeks notice - at least three weeks notice - prior to the end of the fixed term tenancy, to let them know that that fixed term tenancy is coming to an end. And if you don't - or give that notice too late - it automatically turns into a periodic tenancy which means you have to give them 90 days or the 42 days notice if you are a. selling; b. family; or c. employee wants to use the apartment.

Hope that helps. Andrew Murray, Apartment Specialists.

If you have any questions, flick me an email at [email protected] or call +6421 424 892 and I’ll be happy to answer your queries.

Cheers